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Discrimination | Housing | Rhode Island

Does Rhode Island have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in housing?

Yes. Since 1995, Rhode Island has had a comprehensive anti-discrimination law concerning sexual orientation in employment, housing, credit and public accommodations and has included sexual orientation under its equal opportunity and affirmative action law. In 2001, Rhode Island added gender identity or expression to each of these statutory protections (R.I. Gen. Laws, ch. 11-24 (public accommodations); ch. 28-5 (employment); ch. 28-5.1 (equal opportunity and affirmative action); and ch. 34-37 (housing and credit)).

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived to be LGBTQ+ in housing?

Yes. The anti-discrimination laws define “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality and define “gender identity or expression” as including a “person’s actual or perceived gender” (R.I. Gen. Laws §§ 28-5-6(11)(gender identity or expression) and (16)(sexual orientation) (employment); 34-37-3(9)(gender identity or expression) and (15)(sexual orientation) (housing and credit); and 11-24-2.1(h)(sexual orientation) and (i)(gender identity or expression) (public accommodations)). Thus, if a person is fired because they are perceived to be gay (whether they are or not), they may still invoke the protection of the anti-discrimination law to challenge the firing.

What is prohibited by the housing anti-discrimination law in Rhode Island?

The housing laws are intended to prohibit discrimination by owners and their agents from refusing to sell, rent, lease, let or otherwise withhold “housing accommodations” based on sexual orientation, gender identity or expression, marital status, or familial status (R.I. Gen. Laws § 34-37-3(10)(defining “housing accommodation”) and § 34-37-4 (a)). In addition, neither owners nor those who accept applications for loans or financial assistance to acquire, build, repair or maintain housing accommodations— i.e., those involved in financing— may either inquire about sexual orientation, gender identity or expression, marital status, or familial status, or discriminate on those bases (R.I. Gen. Laws §§ 34-37-4(a) and (b)).

Are any landlords exempt from the housing anti-discrimination law?

Owner-occupied housing accommodations of 3 units or less are not subject to the sexual orientation or gender identity or expression portions of the law (R.I. Gen. Laws § 34-37-4.4 (sexual orientation exemption) and § 34-37-4.5 (gender identity or expression exemption)). In addition, a religious organization or non-profit institution run by a religious organization can limit the sale, rental or occupancy of a property it owns or operates for non-commercial purposes to persons of the same religion (or give preference to such persons) unless membership in the religion is restricted on account of one of the protected categories, including sexual orientation and gender identity or expression (R.I. Gen. Laws § 34-37-4.2(a)).

How do I file a claim of discrimination?

You may file a charge of discrimination in person or in writing at the Rhode Island Commission For Human Rights (RICHR), 180 Westminster Street, 3rd floor, Providence, RI 02903. If you plan to go in person, you can call in advance to set up an appointment and find out what you need to bring. Their phone number is (401) 222-2661 (voice) and 401-222-2664 (TTY). The fax number is (401) 222-2616.

The charge must be under oath and must state the name and address of the individual making the complaint as well as the name and address of the entity against which they are complaining (called the “respondent”). The complaint must set out the particulars of the alleged unlawful acts and (preferably) the times they occurred.

Do I need a lawyer?

No, but GLAD strongly encourages people to find lawyers to represent them throughout the process. Although the process is designed to allow people to represent themselves, there are many legal rules governing the RICHR process, and landlords and other defendants are almost certain to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the RICHR within one year of the discriminatory act or acts (R.I. Gen. Laws §§ 28-5-17(a); 34-37-5 (b); see Rules and Regulations of the RICHR Rule 4.05). There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am transgender and Latina?

Yes, you can file several claims if you have suffered discriminatory treatment based on more than one personal characteristic. The state antidiscrimination laws for housing forbid taking an action against someone because of sexual orientation or gender identity or expression as well as race, color, religion, sex (including pregnancy and sexual harassment), disability, age, country of ancestral origin, marital status, familial status, military status and associating with members of a protected class, status as a victim of domestic violence and housing status (R.I. Gen. Laws, § 34-37-4 (a)).

What happens after a charge is filed with the RICHR?

The RICHR may initiate a preliminary investigation in an employment, credit, housing, or public accommodations case. If the RICHR determines it is probable that a defendant is or was engaged in unlawful practices, then the RICHR shall attempt to eliminate the unlawful practices by “informal methods of conference, conciliation and persuasion” (See, e.g., R.I. Gen. Laws, § 28-5-17(a) and § 34-37-5(b); see also Rules and Regulations of the RICHR Rule 5.02).

If conciliation is unsuccessful, or at any time when the circumstances warrant (including before investigation in egregious cases), the RICHR may serve a complaint and notice of hearing on the respondent. This process involves a trial type hearing but is not as formal as an actual trial in court. This process must be commenced within 2 years of when the complainant first filed his or her charge with the RICHR (R.I. Gen. Laws §§ 28-5-18; 34-37-5).

After the RICHR rules (either because it has found no probable cause to proceed, or because it has ruled on the merits after a hearing), any complainant, intervener, or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review in Superior Court (R.I. Gen. Laws §§ 28-5-28; 34-37-6).

There are a few times when the case can be taken from the RICHR and filed in court. For example:

Once the complaint has been pending at the RICHR for at least 120 days, (but less than 2 years and before any conciliation agreement has been made), the complainant may request permission to remove the case from the RICHR. That request should be granted, and the complainant then has 90 days from when he or she receives a “right to sue” letter to file the case in Superior Court (R.I. Gen. Laws § 28-5-24.1(a) and § 34-37-5(l); see also Rules and Regulations of the RICHR Rule 17.01).
After the RICHR finds probable cause to credit the allegations in a complaint, either party may elect to terminate the proceedings at the RICHR and file in court as long as they do so within the strict timelines set by the RICHR rules (See R.I. Gen. Laws, § 28-5-24.1(c) and § 34-37-5(n)).
In addition, in housing cases, the RICHR may go to court to seek an order forbidding the respondent from selling, renting or otherwise disposing of the property at issue while the case is pending (R.I. Gen. Laws § 34-37-5(m)).

If probable cause is found lacking, the case is over unless you seek judicial review of the “lack of probable cause” finding. There are special rules and time constraints on this process which must be observed strictly (R.I. Gen. Laws § 28-5-28 and § 34-37-6).

What are the legal remedies the RICHR may award for discrimination if an individual wins their case there?

In all cases alleging different treatment discrimination, the remedies for a successful complainant in an intentional discrimination case may include compensatory damages (including for emotional distress), attorney’s fees (including expert fees and other litigation expenses), cease and desist orders, and any other action which will effectuate the purpose of the anti-discrimination laws (R.I. Gen. Laws § 28-5-24 (b)(employment); § 34-37-5(h) (housing cases); § 11-24-4 (public accommodations cases); Rules and Regulations of the RICHR Rule 12.02).

In housing cases, the RICHR is also empowered to impose civil fines, with increasing severity depending on whether the offender has committed other discriminatory acts in the past (R.I. Gen. Laws § 34-37-5(h)(2)).

When complainants prevail in court, the remedies named above may be awarded, as well as punitive damages when the challenged conduct is shown to be motivated by malice or ill will, or when the action involves reckless or callous indifference to the statutorily protected rights of others (R.I. Gen. Laws § 28-5-29.1 (employment); § 11-24-4 (public accommodations); § 34-37-5 (o) (3) (housing)). The only exception is that punitive damages may not be awarded against the State.

Can I also file a discrimination complaint with a federal agency?

Yes. Persons who identify as LGBTQ+ and believe they have experienced housing discrimination because of their actual or perceived sexual orientation or gender identity can assert their rights under the Fair Housing Act by filing a complaint with the U.S. Department of Housing and Urban Development (HUD). You can find more detailed information about the protections HUD provides to LGBTQ+ people here: Housing Discrimination and Persons Identifying as Lesbian, Gay, Bisexual, Transgender, and/or Queer/Questioning (LGBTQ+)

There is information about filing a housing discrimination complaint with HUD here: File a Complaint – Main Page | HUD.gov / US Department of Housing and Urban Development (HUD).

The form for submitting a complaint can be found here: https://www.hud.gov/sites/documents/DOC_12150.PDF.

HUD views LGBTQ+ discrimination as a form of “sex” discrimination, so if you have a sexual orientation or gender identity complaint, you should indicate “sex” as the discrimination factor.

A HUD complaint must be filed within one year of the last act of discrimination. The statute of limitations for bringing fair housing complaints in federal courts is not later than two years after the occurrence or the termination of an alleged discriminatory housing practice. However, if an administrative case is filed with HUD, the statute of limitations is tolled during the period of time in which HUD is evaluating the complaint. In English, what that means is that the time HUD has the case does not count when calculating the two year statute of limitations.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHRO, HUD, or both, you may decide to remove your discrimination case from those agencies and file in court. There are rules about when and how this must be done. In addition, you may wish to bring a court case to address other claims which are not appropriately handled by discrimination agencies, e.g. if you landlord is not meeting his obligation to provide a safe living space.

What can I do if my landlord evicts me for filing a complaint of discrimination?

It is illegal to retaliate in these circumstances, and the tenant could file an additional complaint for retaliation.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still residing under discriminatory conditions have to evaluate how filing a case will affect their housing, and if they are willing to assume those possible consequences. Even if you have been evicted, you may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information to make an informed choice.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them); what happened; who said what; and who else was present. Bring a copy of your lease, along with any notices and letters you have received from your landlord. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the RICHR complaint process see: http://www.richr.ri.gov/filecharge/index.php

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD.

For information about the HUD complaint process see:

Learn About the FHEO Complaint and Investigation Process | HUD.gov / US Department of Housing and Urban Development (HUD)

Passage of important LGBTQ+ equality bills: Rhode Island Celebrates Passage of Important LGBTQ Equality Bills – GLAD

Discrimination | Employment | Rhode Island

Does Rhode Island have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD

Does it also protect people perceived to be LGBTQ+ in employment?

Yes. The anti-discrimination laws define “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality and define “gender identity or expression” as including a “person’s actual or perceived gender” (R.I. Gen. Laws §§ 28-5-6(11) (gender identity or expression) and (16)(sexual orientation) (employment); 34-37-3(9)(gender identity or expression) and (15)(sexual orientation) (housing and credit); and 11-24-2.1(h)(sexual orientation) and (i)(gender identity or expression) (public accommodations)). Thus, if a person is fired because they are perceived to be gay (whether they are or not), they may still invoke the protection of the anti-discrimination law to challenge the firing.

What does the law forbid? To whom does the law apply?

The anti-discrimination law applies to all public employers and private employers who employ 4 or more individuals (R.I. Gen. Laws § 28-5-6 (8)(i)).

It forbids employers from refusing to hire a person, or discharging them, or discriminating against them in compensation, in terms, conditions or privileges of employment or in any other matter directly or indirectly related to employment because of sexual orientation or gender identity or expression (R.I. Gen. Laws § 28-5-7 (1)). Beyond hiring and firing, this covers most significant job actions, such as failure to promote, demotion, excessive discipline, harassment and different treatment of the employee and similarly situated co-workers. It also prohibits an employer from inquiring about a person’s sexual orientation or gender identity or expression either in a job application or during a job interview or maintaining such information unless based on a certified bona fide occupational qualification or where necessary to comply with a federal affirmative action plan (R.I. Gen. Laws § 28-5-7(4)).

The law also applies to employment agencies and labor organizations (e.g. unions) (R.I. Gen. Laws §§ 28-5-7 (2) and (3)).

It should be noted that all educational programs and activities of state agencies as well as all state employment services are required to be open to all without regard to sexual orientation or gender identity or expression (R.I. Gen. Laws §§ 28-5.1(8) and (9)).

As broad as the law is, there are several exemptions.

Employers with fewer than 4 employees are exempt (R.I. Gen. Laws § 28-5-6(8)(i)).
An employer, employment agency or labor organization may seek a certification from the R.I. Commission for Human Rights that it is a “bona fide occupational qualification” of a particular position that it not be filled by someone otherwise protected by the law such as an LGBTQ+ person (R.I. Gen. Laws § 28-5-7 (4)). While this immunity is allowed in the law, it is strictly applied and very rarely successful.
The employment discrimination statute does not apply “to a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities” (R.I. Gen. Laws § 28-5-6(8)(ii)). This exemption, however, is not a carte blanche for an employer to use his or her religious beliefs as a justification for discrimination.
By the law’s definition of “sexual orientation,” it does not “impose any duty on a religious organization” (See R.I. Gen. Laws §§ 28-5-6 (16); 34-37-3(15) and 11-24-2.1(h)). That restriction on the reach of the non-discrimination law does not apply to the law’s protections on the basis of gender identity or expression.

It is important to note that unlawful employment practices in Rhode Island also include practices which have a “disparate impact” on the basis of sexual orientation or gender identity or expression (or other characteristics) when the employer is unable to show that the practice or group of practices in question is required by “business necessity” (R.I. Gen. Laws § 28-5-7.2). This can be important to combat discrimination based on policies or practices that are not LGBTQ-specific but harm LGBTQ+ people more than others.

Does the Rhode Island law prohibit sexual harassment on the job?

Yes, by case law, sexual harassment is forbidden as sex discrimination (See, e.g., Iacampo v. Hasbro, Inc., 929 F. Supp. 562 (D.R.I. 1996)).

In addition, employers with at least 50 employees and employment agencies must develop and disseminate to their workers anti-sexual harassment policies in their workplaces (R.I. Gen. Laws §§ 28-51-1(a); and 28-51-2 (a), (b)). The law also strongly encourages employers to train employees on the scope of the policy (R.I. Gen. Laws § 28-51-2 (c)).

For purposes of this statute, “sexual harassment” is defined as:

Any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when:

Submission to such conduct or advances or requests is made either explicitly or implicitly a term or condition of an individual’s employment; or
Submission to such conduct or advances or requests by an individual is used as the basis for employment decisions affecting such individual; or
Such conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment (R.I. Gen. Laws § 28-51-1(b)).

Can a gay or transgender person be sexually harassed?

It is just as unlawful to sexually harass an LGBTQ+ individual as it is to harass anyone else. Some harassment is specifically anti-gay and may be more fairly characterized as harassment on the basis of sexual orientation. Similarly, some harassment may be specifically anti-transgender and may be pursued more appropriately as discrimination based on gender identity or expression. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Each type of harassment can happen to the same person, and all are forbidden (See R.I. Gen. Laws § 28-5-7(1)(v) (recognizing need for response to complaints of harassment on the basis of sexual orientation and gender identity or expression in addition to that based on sex)).

Moreover, that the sex of the harasser and the victim is the same does not defeat a claim of sexual harassment. Same-sex sexual harassment has been held to violate both state and federal anti-discrimination laws (See Mann v. Lima, 290 F. Supp. 2d 190, 194 (D.R.I. 2003)(applying Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 79-81 (198); see also R.I. Gen. Laws, § 28-44-17 (sexual harassment against members of either sex may constitute “good cause” for quitting job under unemployment laws)).

How do I file a claim of discrimination?

The charge must be under oath and must state the name and address of the individual making the complaint as well as the name and address of the entity against which he or she is complaining (called the “respondent”). The complaint must set out the particulars of the alleged unlawful acts and (preferably) the times they occurred.

Do I need a lawyer?

No, but GLAD strongly encourages people to find lawyers to represent them throughout the process. Although the process is designed to allow people to represent themselves, there are many legal rules governing the RICHR process, and employers and other defendants are almost certain to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian and Latina?

Yes, you can file several claims if you have suffered discriminatory treatment based on more than one personal characteristic. The state antidiscrimination laws for employment and public accommodations forbid taking an action against someone because of sexual orientation or gender identity or expression as well as race, color, religion, sex (including pregnancy and sexual harassment), disability, age, or country of ancestral origin (R.I. Gen. Laws § 11-24-2 and § 28-5-7 (1)(i)).

What happens after a charge is filed with the RICHR?

If conciliation is unsuccessful, or at any time when the circumstances so warrant (including before investigation in egregious cases), the RICHR may serve a complaint and notice of hearing on the respondent. This process involves a trial type hearing but is not as formal as an actual trial in court. This process must be commenced within 2 years of when the complainant first filed his or her charge with the RICHR (R.I. Gen. Laws §§ 28-5-18; 34-37-5).

There are a few times when the case can be taken from the RICHR and filed in court. For example:

Once the complaint has been pending at the RICHR for at least 120 days, (but less than 2 years and before any conciliation agreement has been made), the complainant may request permission to remove the case from the RICHR. That request should be granted, and the complainant then has 90 days from when he or she receives a “right to sue” letter to file the case in Superior Court (R.I. Gen. Laws § 28-5-24.1(a) and § 34-37-5(l); see also Rules and Regulations of the RICHR Rule 17.01).
After the RICHR finds probable cause to credit the allegations in a complaint, either party may elect to terminate the proceedings at the RICHR and file in court as long as they do so within the strict timelines set by the RICHR rules (See R.I. Gen. Laws, § 28-5-24.1(c) and § 34-37-5(n)).
In addition, in housing cases, the RICHR may go to court to seek an order forbidding the respondent from selling, renting or otherwise disposing of the property at issue while the case is pending (R.I. Gen. Laws § 34-37-5(m)).

What are the legal remedies the RICHR may award for discrimination if an individual wins their case there?

In addition, in employment cases, a successful complaint may be entitled to a remedy involving hiring, reinstatement or upgrading of employment, back pay, and admission or restoration to union membership (R.I. Gen. Laws § 28-5-24 (a)(1)). If the adverse job action was taken against the individual for a variety of reasons, and sexual orientation or gender identity or expression was not the sole motivating factor, the RICHR may limit the damages awarded.

Can I also file a discrimination complaint with a federal agency?

Yes. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees.

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

However, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020, see: 17-1618 Bostock v. Clayton County (06/15/2020), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex. For more information on how the EEOC enforces discrimination against LGBTQ+ employees, see: Sexual Orientation and Gender Identity (SOGI) Discrimination | US Equal Employment Opportunity Commission.

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with RICHR first but keep in mind the possibility of pursuing a federal claim as well. If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that RICHR cross-file your complaint with the EEOC.

Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with RICHR and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after MCAD has terminated the case (34 United States Code 42 sec. 2000e-5(e)(1)). NOTE: If you intend to file with both RICHR and cross-file with the EEOC, you must do so within 300 days, not the usual 1 year. (People who work for federal agencies are beyond the scope of this publication.)

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions. In fact, if you obtain relief under your contract, you may decide not to pursue other remedies. Obtain and read a copy of your contract and contact a union steward about filing a complaint. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of duty of fair representation.

State or Federal Court: After filing with the RICHR, the EEOC, or both, you may decide to remove your discrimination case from those agencies and file the case in court. There are rules about when and how this must be done, as discussed above.

In addition, you may file a court case to address other claims which are not appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract; fired without the progressive discipline promised in a handbook; or fired for doing something the employer doesn’t like but which the law requires, then these matters are beyond the scope of what the agencies can investigate and the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights, such as a teacher or governmental employee who believes his or her free speech or equal protection rights were violated, then those matters must be heard in court.

What can I do if my employer fires me for filing a complaint of discrimination?

It is illegal to retaliate in these circumstances, and the employee could file an additional complaint for retaliation. If an employer, employment agency or labor organization discriminates against you in any manner because you have opposed a forbidden practice or have made a charge, testified or assisted in a complaint filed under the antidiscrimination laws, then you can state a claim of retaliation ( R.I. Gen. Laws § 28-5-7 (5) and § 34-37-4(m). See also R.I. Gen. Laws, § 28-51-2(b)(1)(ii) (“Every employer shall adopt a policy against sexual harassment which shall include a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment of for cooperating in an investigation of sexual harassment”); Provencher v. CVS Pharmacy, 76 F.E.P. Cases (BNA) 1569 (1st Cir. 1998)(upholding federal retaliation claim of gay man). The U.S. Supreme Court has broadly interpreted the anti-retaliation provisions in federal anti-discrimination laws. See Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006)).

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-GLAD (4523) to talk about options.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job, and if they are willing to assume those possible consequences. Even if you have been fired, you may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information to make an informed choice.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened on the job that you are complaining about, organized by date and with an explanation of who the various players are (and how to get in touch with them); what happened; who said what; and who else was present. Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the RICHR complaint process see: http://www.richr.ri.gov/filecharge/index.php

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD

For more information about filing an EEOC discrimination complaint see: How to File a Charge of Employment Discrimination.

Passage of important LGBTQ+ equality bills: https://www.glad.org/post/rhode-island-celebrates-passage-of-important-LGBTQ+-equality-bills/

Discrimination | Credit, Lending & Services | Rhode Island

Does Rhode Island have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in credit, lending and services?

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived to be LGBTQ+ in credit, lending and services?

What protections exist under Rhode Island anti-discrimination law with regard to credit?

Financial organizations such as banks, trust companies, savings banks, loan and investment banks, savings and loan associations, credit unions and any other commercial credit institution (this non-discrimination provision applies to any “financial organization governed by the provision of title 19 or any other credit granting commercial institution.” R.I. Gen. Laws § 34-37-4.3). may not discriminate in granting or extending any form of loan or credit because of sexual orientation, gender identity or expression, or marital or familial status (R.I. Gen. Laws § 34-37-4.3).

How do I file a claim of discrimination?

Do I need a lawyer?

No, but GLAD strongly encourages people to find lawyers to represent them throughout the process. Although the process is designed to allow people to represent themselves, there are many legal rules governing the RICHR process, and banks and other defendants are almost certain to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

Can I file more than one type of discrimination complaint at once, for example, if I believe I was discriminated against both because I am transgender and Latina?

Yes, you can file several claims if you have suffered discriminatory treatment based on more than one personal characteristic. The state antidiscrimination laws credit forbid taking an action against someone because of sexual orientation or gender identity or expression as well as race, color, religion, sex (including pregnancy and sexual harassment), disability, age, or country of ancestral origin or marital status, familial status, military status and associating with members of a protected class (R.I. Gen. Laws § 34-37-4(b)).

What happens after a charge is filed with the RICHR?

There are a few times when the case can be taken from the RICHR and filed in court. For example:

Once the complaint has been pending at the RICHR for at least 120 days, (but less than 2 years and before any conciliation agreement has been made), the complainant may request permission to remove the case from the RICHR. That request should be granted, and the complainant then has 90 days from when he or she receives a “right to sue” letter to file the case in Superior Court (R.I. Gen. Laws § 28-5-24.1(a) and § 34-37-5(l); see also Rules and Regulations of the RICHR Rule 17.01).
After the RICHR finds probable cause to credit the allegations in a complaint, either party may elect to terminate the proceedings at the RICHR and file in court as long as they do so within the strict timelines set by the RICHR rules (See R.I. Gen. Laws, § 28-5-24.1(c) and § 34-37-5(n)).
In addition, in housing cases, the RICHR may go to court to seek an order forbidding the respondent from selling, renting or otherwise disposing of the property at issue while the case is pending (R.I. Gen. Laws § 34-37-5(m)).

What are the legal remedies the RICHR may award for discrimination if an individual wins their case there?

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the RICHR, you may decide to remove your discrimination case from RICHR and file the case in court. There are rules about when and how this must be done, as discussed above.

Rhode Island Division of Banking: You may be able to file a consumer complaint with this agency. For more information, see: Consumers – File a Complaint | Dept. of Business Regulation

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-GLAD (4523) to talk about options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened on the job that you are complaining about, organized by date and with an explanation of who the various players are (and how to get in touch with them); what happened; who said what; and who else was present. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the RICHR complaint process see: How to File a Charge

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD.

Rhode Island Division of Banking: You may be able to file a consumer complaint with this agency. For more information, see: Consumers – File a Complaint | Dept. of Business Regulation

Discrimination | Public Accommodations | Rhode Island

What is a “place of public accommodation”?

Places of public accommodation are places that are open to the public and include, but are not limited to, stores, restaurants, bars, public transportation, garages, hotels, hospitals, clinics, rest rooms, barber shops, salons, amusement parks, gyms, golf courses, swimming pools, theaters, fairs, libraries, public housing projects, and so on (R.I. Gen. Laws § 11-24-3).

Does Rhode Island have an anti-discrimination law protecting LGBT individuals from discrimination in places of public accommodation?

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does it also protect people perceived to be LGBT in places of public accommodation?

What does the law say about discrimination in places of public accommodation?

Such places shall not “directly or indirectly refuse, withhold from, or deny to any … person any of the accommodations, advantages, facilities or privileges of that public place,” and shall not advertise or state that their accommodations are so limited, because of a person’s sexual orientation or gender identity or expression (or other protected characteristics) (R.I. Gen. Laws § 11-24-2).

How do I file a claim of discrimination?

Do I need a lawyer?

No, but GLAD strongly encourages people to find lawyers to represent them throughout the process. Although the process is designed to allow people to represent themselves, there are many legal rules governing the RICHR process, and defendants are almost certain to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

Can I file more than one type of discrimination complaint at once, for example, if I believe I was discriminated against because I am both a lesbian and Latina?

Yes, you can file several claims if you have suffered discriminatory treatment based on more than one personal characteristic. The state antidiscrimination laws for public accommodations forbid taking an action against someone because of sexual orientation or gender identity or expression as well as race, color, religion, sex (including pregnancy and sexual harassment), disability, age, or country of ancestral origin (R.I. Gen. Laws § 11-24-2).

What happens after a charge is filed with the RICHR?

There are a few times when the case can be taken from the RICHR and filed in court. For example:

Once the complaint has been pending at the RICHR for at least 120 days, (but less than 2 years and before any conciliation agreement has been made), the complainant may request permission to remove the case from the RICHR. That request should be granted, and the complainant then has 90 days from when he or she receives a “right to sue” letter to file the case in Superior Court (R.I. Gen. Laws § 28-5-24.1(a) and § 34-37-5(l); see also Rules and Regulations of the RICHR Rule 17.01).
After the RICHR finds probable cause to credit the allegations in a complaint, either party may elect to terminate the proceedings at the RICHR and file in court as long as they do so within the strict timelines set by the RICHR rules (See R.I. Gen. Laws, § 28-5-24.1(c) and § 34-37-5(n)).
In addition, in housing cases, the RICHR may go to court to seek an order forbidding the respondent from selling, renting or otherwise disposing of the property at issue while the case is pending (R.I. Gen. Laws § 34-37-5(m)).

What are the legal remedies the RICHR may award for discrimination if an individual wins their case there?

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the RICHR, you may decide to remove your discrimination case from those agencies and file the case in court. There are rules about when and how this must be done, as discussed above.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

Resources

For more information about the RICHR complaint process see: http://www.richr.ri.gov/filecharge/index.php

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD.

Passage of important LGBTQ equality bills: Rhode Island Celebrates Passage of Important LGBTQ Equality Bills – GLAD

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Rhode Island, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Rhode Island.”

News & Press Releases

To see news and press releases about Discrimination in Rhode Island, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Rhode Island.”

Violence & Harassment | Hate Crimes & Harassment | Rhode Island

How does Rhode Island define a “hate crime”?

In Rhode Island, a hate crime is “any crime motivated by bigotry and bias, including, but not limited to threatened, attempted, or completed acts that appear after investigation to have been motivated by racial, religious, ethnic, sexual orientation, gender, gender identity or expression, or disability prejudice or motivated by prejudice against a person who is homeless or is perceived to be homeless” (R.I. Gen. Laws, § 42-28-46 (a)(2)). “Gender identity or expression” was added in 2012.

In order to track hate crimes, the State has set up a reporting system so that incidents alleged are centrally recorded (R.I. Gen. Laws § 42-28-46 (b)). All police departments within the state are required to have training on identifying, responding to and reporting hate crimes (R.I. Gen. Laws § 42-28.2-8.1), and must report monthly the occurrence of such crimes to the state police, who must maintain a permanent record of the offenses, categorized by community of occurrence, type of offense, and target (R.I. Gen. Laws § 42-28-46 (b)).

Does Rhode Island have increased sentencing for hate crimes?

Yes, Rhode Island law establishes additional penalties for crimes motivated by hatred or animus toward the victim’s actual or perceived, religion, ethnicity, race, gender, sexual orientation or gender (R.I. Gen. Laws § 12-19-38(a)). Although “gender identity or expression” was added in 2012 to the definition of a “hate crime” as noted above, it has not been added to the hate crimes sentencing statute.

If it is proven beyond a reasonable doubt that a person was motivated by hatred or animus toward a person’s protected characteristic, then the person shall, for a misdemeanor, be sentenced to no less than 30 days mandatory imprisonment and, for a felony, be sentenced to an additional, consecutive term of imprisonment for not less than 1 year and no more than 5 years (R.I. Gen. Laws § 12-19-38(c) and (d)).

Where can I call if I think I’ve been a victim of a hate crime?

Begin by contacting the local police. Police officers do not actually charge people with hate crimes, but will need to provide the prosecutor with evidence that the crime was motivated by bias, so be sure to explain all of the factors that make you think this was a hate crime.

You may also contact the criminal division of the Attorney General’s office at (401) 274-4400.

For support and advocacy, contact: Day One, Sexual Assault and Trauma Resource of Rhode Island, (401) 421-4100 or (800) 494-8100. Day One RI

What other options do I have if I think I have been a victim of a hate crime?

In addition to pursuing your rights in the criminal justice system, you can contact the Office of the Civil Rights Advocate of the Attorney General’s Office at (401) 274-4400. The Civil Rights Advocate is authorized to receive complaints, to conduct investigations, education and training, and to bring civil actions for injunctions or other equitable relief to address physical threats, trespassing, property destruction, or harassment that interfere “with the exercise or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of rights secured by the Constitution of Rhode Island or laws of the state.” In addition, a fine of up to $5,000 may be imposed (R.I. Gen. Laws § 42-9.3).

An injunction under this provision does not prevent you, depending on the circumstances, from seeking monetary damages for harms you experienced from the crime committed against you.

In what ways might the recently passed federal hate crimes law help to investigate and prosecute hate crimes?

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009. It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.

First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:

investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
grants to combat hate crimes committed by juveniles.

In providing assistance to local and state authorities, the priorities are hate crimes:

where the offender(s) has committed crimes in more than one state, or
that occur in rural areas which do not have the resources needed to prosecute such crimes.

Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case.

The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.

Does Rhode Island have an anti-bullying law that protects public and private school students?

Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”

Resources

U.S. Department of Justice information about Rhode Island Hate Crimes: 2020 Hate Crime Statistics for Rhode Island.

Information from Rhode Island Attorney General: Hate Crimes | Rhode Island Attorney General’s Office.

Rhode Island hate crime laws: STATE OF RHODE ISLAND, State Police ,Department of Public Safety.

Rhode Island Hate Crime Helpline: Hate Crime | helpline-ri

Violence & Harassment | Intimate Partner Violence | Rhode Island

What is domestic violence?

Under the laws for the Family Court and the District Court, “domestic abuse” means the occurrence of one or more of the following acts between people who are family members, parents, or persons who are or have been in a substantive dating relationship within the past year, or against the minor child of one of the parties:

attempting to cause or causing physical harm;
placing another in fear of imminent serious physical harm;
causing another to engage involuntarily in sexual relations by force, threat of force, or duress; and
stalking or cyberstalking (see R.I. Gen. Laws § 15-15-1 (2) (family court); § 8-8.1-1(5) (district court)).

Note that the District Court provisions prohibit abuse between “cohabitants” and apply to substantive dating relationships regardless of the age of the parties, and are thus broader than the Family Court provisions.

Do the domestic violence laws apply to people in same-sex relationships?

Yes, if you are married or in a civil union. Even if you are not, some same-sex relationships are covered under the definition of “substantive dating relationship.” This includes relationships which are “significant and personal/intimate” based on the length of time of the relationship, the type of relationship, and the frequency of interaction between the parties (R.I. Gen. Laws § 15-5-1 (5) and § 8-8.1-1(5)). Other relationships may be covered if partners or former partners share legal parentage of a child (R.I. Gen. Laws § 15-5-1 (3)). As well, in the District Court, partners who live together or have lived together within the past three years may be considered “cohabitants” (R.I. Gen. Laws § 8-8.1-1 (1)).

How do I get a court order protecting me from an abusive partner?

The process is intended to be simple. You may go to the appropriate court (District Court or Family Court) where you live, or if you have just fled your home, you can also file in the town where you used to live. You will need to fill out a complaint alleging “abuse” as defined above. The complaint is under oath, so everything you say must be true. Try to put in as much detail as possible demonstrating why you feel threatened.

If you are in danger of harm, the Court can grant you a temporary protective order for not more than 21 days, which can include an order restraining your abuser from hurting you, barring him or her from entering your home, assigning child custody and requiring payment of child support. If the courts are closed (nights, holidays, weekends), you can contact the local or state police, who will be able to contact a judge on call to handle these matters.

The defendant/abuser must be served with (given a copy of) the court order and notified of his or her right to contest the order in court. Once the order is issued, it is filed with the state Bureau of Criminal Identification and is effective state-wide. Violation of a court order of which an abuser has notice is a criminal offense (R.I. Gen. Laws § 15-15-3 and § 8-8.1-3).

The Court will also assign a date for another hearing at which the temporary order will either be extended or dismissed. At that time, both parties often have attorneys. You should bring with you any witnesses who can substantiate the abuse, as well as copies of threatening letters, medical records, or any other documents which can show how you have been harmed and why you are afraid. Expect to be asked questions by both the judge and the attorney(s) for the abuser/defendant. You have the same right to ask questions.

If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed. If you don’t show up, it is possible that the court will think you are unreliable and may hold that against you should you need legal help in the future.

There are other laws which prohibit stalking, harassing and trespassing which may apply to you, but are beyond the scope of this document.

If I go to court, will I out myself for all purposes?

Not necessarily. Some courts try to be sensitive to the fact that some people seeking orders may be closeted, or may be in a same-sex relationship which they do not want revealed. If you proceed in the District Court rather than the Family Court, you do not have to claim that you are in a “substantive dating relationship,” but only that you are cohabitants to get a protective order, and thus you may be able to conceal your sexual orientation if you choose (R.I. Gen. Laws, § 8-8.1-1).

Where can I go to get help?

In addition to the local police and district attorney, you can call:

The Rhode Island Coalition Against Domestic Violence at (401) 467-9940, Rhode Island Coalition Against Domestic Violence. Helpline 24 hours every day at (800) 494-8100

Day One, the Sexual Assault and Trauma Resource Center, at (401) 421-4100 or (800) 494-8100, Day One RI.

Does domestic violence play a role in custody decisions?

Yes. Evidence that a parent has in the past, or is presently, abusing the other parent or the child is a factor showing that that parent is not acting in the best interests of the child (R.I. Gen. Laws, § 15-5-16(g)).

Resources

Information from Rhode Island Coalition Against Domestic Violence: Rhode Island Coalition Against Domestic Violence.

Domestic Violence Helpline: Domestic Violence | helpline-ri

Cases & Advocacy

To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Rhode Island, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Rhode Island.”

News & Press Releases

To see news and press releases about Violence & Harassment in Rhode Island, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Rhode Island.”